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| Author | : Phyllis Bernard |
| Publisher | : American Bar Association |
| Total Pages | : 536 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
This book lays out the groundwork for dispute resolution ehtics at a time when the public is clamoring for ethical behavior in all walks of private and professional life.
| Author | : Ellen Waldman |
| Publisher | : John Wiley & Sons |
| Total Pages | : 470 |
| Release | : 2011-03-29 |
| Genre | : Law |
| ISBN | : 0787995886 |
Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness. Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting. Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation. Commentaries by Harold Abramson Phyllis Bernard John Bickerman Melissa Brodrick Dorothy J. Della Noce Dan Dozier Bill Eddy Susan Nauss Exon Gregory Firestone Dwight Golann Art Hinshaw Jeremy Lack Carol B. Liebman Lela P. Love Julie Macfarlane Carrie Menkel-Meadow Bruce E. Meyerson Michael Moffitt Forrest S. Mosten Jacqueline Nolan-Haley Bruce Pardy Charles Pou Mary Radford R. Wayne Thorpe John Winslade Roger Wolf Susan M. Yates
| Author | : Omer Shapira |
| Publisher | : |
| Total Pages | : 394 |
| Release | : 2021 |
| Genre | : Arbitration and award |
| ISBN | : 9781641059114 |
"This book is aimed at lawyer-mediators who care about their clients, professions, and the general public and want to conduct mediations ethically"--
| Author | : Rachael Field |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 264 |
| Release | : 2020-05-29 |
| Genre | : Law |
| ISBN | : 1786437783 |
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.
| Author | : Omer Shapira |
| Publisher | : Cambridge University Press |
| Total Pages | : 499 |
| Release | : 2016-03-14 |
| Genre | : Law |
| ISBN | : 1107143047 |
Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
| Author | : Margaret Castles |
| Publisher | : |
| Total Pages | : 954 |
| Release | : 2014 |
| Genre | : Civil law |
| ISBN | : 9780455233208 |
"This textbook presents civil dispute resolution as a dynamic process, integrating skills for alternative dispute resolution and ethical conduct within litigation. It explores the nuanced role or lawyers in advancing their clients' interests in the context of their broader duties to justice and the courts. Focussing specifically on South Australian jurisdictions, it lays the foundation for a strategic and ethical approach to civil practice and dispute resolution." --Back cover.
| Author | : Carrie J. Menkel-Meadow |
| Publisher | : Aspen Publishing |
| Total Pages | : 668 |
| Release | : 2020-02-02 |
| Genre | : Law |
| ISBN | : 1543820972 |
Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators
| Author | : Margaret Castles |
| Publisher | : |
| Total Pages | : 562 |
| Release | : 2018 |
| Genre | : Dispute resolution (Law) |
| ISBN | : 9780455240756 |
Recognising that many graduates will work away from their jurisdiction of law study, this text focusses on the generic principles that underpin civil procedural theory across Australia. Using the SA procedural experience, the text engages students in a practical and critical understanding of the way court rules operate, in a dynamic environment. The text focusses on fairness, the exercise of discretion, and the ethical forensic use of court process to achieve effective and affordable outcomes for clients.
| Author | : |
| Publisher | : Aspatore Books |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Dispute resolution (Law) |
| ISBN | : 9780314279699 |
The Role of Ethics in ADR provides an authoritative, insiders perspective on the ethical considerations that attorneys need to be aware of during alternative dispute resolution. Featuring partners from some of the nations leading law firms, this book guides the reader through todays ADR arena and the ethical concerns that lawyers are currently facing. With a focus on issues such as disclosure, neutrality, and the rule of candor, these top lawyers analyze the various ethical rules and protocols to which attorneys, arbitrators, and mediators must adhere and how they come into play during the actual ADR process. These authors also discuss what to do when the rules overlap or are inconsistent, or if an ethical violation is suspected. Finally, these leaders identify strategies for preparing clients for the ADR process, explaining their options, and developing a successful attorney-client relationship. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this critical field.
| Author | : Riikka Koulu |
| Publisher | : Routledge |
| Total Pages | : 258 |
| Release | : 2018-09-24 |
| Genre | : Business & Economics |
| ISBN | : 1351370391 |
The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
